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Use new drug sentencing law in crack cases
Trending Legal Issues |
2012/06/21 12:12
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. |
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Del. court hears pedophile ex-pediatrician appeal
Trending Legal Issues |
2012/06/14 10:23
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A lawyer for a former pediatrician serving a life sentence for sexually abusing scores of young patients appealed Wednesday to the Delaware Supreme Court, arguing that a search warrant didn't allow police to seize a flash drive containing videotaped sex crimes against children.
Earl Bradley, 59, was sentenced last year to 14 life sentences without parole for 14 counts of first-degree rape. He also was sentenced to more than 160 years in prison for multiple counts of assault and sexual exploitation of a child in a case that shook this small state.
Bradley was convicted by a judge who viewed more than 13 hours of videos showing sex crimes against more than 80 victims, most of them toddlers. The videos were seized by police who executed a search warrant in 2009 at his Lewes office complex, which was decorated with Disney themes and miniature amusement park rides.
Bradley had waived his right to a jury trial after the trial judge denied a defense motion to suppress the video evidence because it had been illegally seized.
Defense attorneys argued Wednesday that Bradley's convictions should be reversed because the warrant did not allow police to search an outbuilding in which a computer flash drive containing the videos was found. They also said the warrant didn't allow authorities to seize the flash drive. |
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2 men sentenced in Palin lawyer harassment case
Trending Legal Issues |
2012/06/09 10:59
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Two Pennsylvania men convicted of harassing Sarah Palin's Alaska lawyers were sentenced Friday to time served and five years' probation, with the proceedings briefly halted after a short outburst in court by one of the defendants.
During his sentencing in U.S. District Court in Anchorage, 20-year-old Shawn Christy said the judge's order that he live up to six months in a Pennsylvania community re-entry program was ridiculous.
His father, Craig Christy, 48, was ordered to perform community service.
The Christys, of McAdoo, Pa., pleaded guilty in January to making harassing phone calls to Palin's attorneys. Attorney John Tiemessen testified that the men's calls threatened Palin and attorneys. Both Christys apologized Friday for their actions.
Shawn Christy was released and sent back to Pennsylvania last month after an evaluation report said he wasn't a danger to the public. |
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Top Pa. judge charged with campaign corruption
Trending Legal Issues |
2012/05/19 22:32
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State Supreme Court Justice Joan Orie Melvin was charged Friday with illegally using her taxpayer-funded staff in her campaigns for a seat on the state's highest court in a scheme that ensnared her sister, a senator awaiting sentencing on similar charges.
Orie Melvin said outside court that she will vigorously defend herself against the nine criminal charges, which a grand jury report called a tale of corruption that she actively condoned and even promoted.
I am a woman of faith, Orie Melvin said. My faith will see me through this. And I will not resign because of these politically motivated charges.
The high court relieved her of judicial and administrative duties Friday, but she remains a Supreme Court justice, on the payroll with a $195,000 salary and full benefits. The court also ordered Orie Melvin's Pittsburgh office sealed to secure records, files and equipment that are property of the court.
The charges come two months after her sister Republican state Sen. Jane Orie was convicted of 14 counts of theft of services, conflict of interest and forgery charges. Orie is scheduled to be sentenced in June, and her attorney has said in court filings that she will resign before then.
The grand jury report said Orie Melvin and her staff used personal email accounts to shield the actual email addresses that generated the messages, hiding the fact that political activities were being handled by the staffers while they were on the state payroll. Orie Melvin also used her state-paid telephone line to solicit support from hundreds of Republican committee members around the state, the report said. |
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Italian court convicts 2 in asbestos-linked deaths
Trending Legal Issues |
2012/02/13 10:21
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An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.
Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as without exaggeration, truly historic, noting that it came after a long battle for justice.
It's a great day, but that doesn't mean the battle against asbestos is over, he told Sky TG24 TV, stressing that it is a worldwide problem.
Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.
During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.
The defendants had denied wrongdoing.
Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.
Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos. |
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